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  • I need some advice

    Hello everyone, i am seeking advice.

    my bf filed for for u visa 7/2014 they recently requested rfe. When he first filed for u visa were only dating at the time but now three years later we have moved in together and welcomed our first child and plan on getting married next month. I never thought this process was gonna take a long time.

    Should i file a petition for him through spouse, after we are married or should i just waited out and see what happens, i have been searching on line and talking to diff attorneys to see if maybe he can have two cases with immigration.

  • #2
    You didn't mention wether you are USC or PR. Regardless of the case outcome I suggest you go ahead with your marriage plans and apply for his AOS or derivative visa depending on your status. One can be on more than one status same time or apply for another being on the other. I would rather prefer family based AOS to U visa because of its endless waiting period. Presumed he is approved DA in couple of months chances of getting U visa is in 2019 and thereafter 3 years for filing AOS. Choice is yours, nevertheless I would suggest you to consult a good lawyer before you make any choice
    I am not a legal expert, it's just my opinion. Please use your discretion and wisdom in making any decision.

    Comment


    • #3
      I am USC, thank you for your advice, will do more research.

      Comment


      • #4
        What was the Ref about? Can you comply and produce the documents they requested?

        How did your boyfriend come in to USA? Visa or crossed the border without inspection?
        All these play a role in making a descision.

        Comment


        • #5
          They want statements from people who were present at the time of the incident. We are also requesting medical rec.
          He crossed the border without inspection, he has never been in trouble with the law.

          Comment


          • #6
            Originally posted by kar0320 View Post
            I am USC, thank you for your advice, will do more research.
            You are welcome.
            It's more easier and less complicated for USCs to file for spouses.

            Comment


            • #7
              If I was in your situation, I would marry and wait to see the resolution of the U application. As an immigrant who entered without inspection to acquire PR through marriage, may take a long time and he must return to home country and re-enter with a valid visa. That might take a long while.

              Comment


              • #8
                Originally posted by may2016 View Post
                If I was in your situation, I would marry and wait to see the resolution of the U application. As an immigrant who entered without inspection to acquire PR through marriage, may take a long time and he must return to home country and re-enter with a valid visa. That might take a long while.
                Yes, you are right. I missed out on inspection factor. It could raise red flag for fraudulent marriage based AOS

                Comment

                Latest Post

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                • Robbery
                  Reply to U-Visa Tracker
                  by Robbery
                  i am June 23rd 2016. Still waiting for decision for form 918....
                  01-19-2023, 02:50 PM
                • Shan
                  Reply to U-Visa Tracker
                  by Shan
                  I think nobody from 2017 got the actual u visa approval.july 2016 still waiting.

                  did anybody here get u visa from June,July and aug 2016?...
                  01-19-2023, 01:18 PM
                • Virus
                  Reply to U-Visa Tracker
                  by Virus
                  Has anyone from 2017 got actual U-Visa ?

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                  01-15-2023, 09:54 PM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Thank you, Rosie! I see what you meant buy the gap. Same here daily transactions, rent payment transactions, walmart amazon transactions etc. It shows...
                  12-28-2022, 02:52 PM
                • Rosie7
                  Reply to U-Visa Tracker
                  by Rosie7
                  Hi! I don’t remember correctly, but you cannot have 3+months gaps in your records. They can come back and say you were not present in the U.S. I also...
                  12-28-2022, 11:20 AM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Thank you, Rosie! My lawyer came back about employment concern, he said I do not need to be employed neither I need to manage any income level. All I...
                  12-28-2022, 08:51 AM
                • Rosie7
                  Reply to U-Visa Tracker
                  by Rosie7
                  I provided my bank statements, check stubs, W2 forms. I didn’t have any gaps of records for the 3 years. Your attorney can tell you what other things...
                  12-27-2022, 05:31 PM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Hi Rosie7,

                  I have yet to apply for adjustment of status, next year. May I ask which documents you submitted when filing for GC, to show continuous...
                  12-27-2022, 11:35 AM
                • Rosie7
                  Reply to U-Visa Tracker
                  by Rosie7
                  Hi! Pending green card application i485....
                  12-26-2022, 10:00 AM
                • Shan
                  Reply to U-Visa Tracker
                  by Shan
                  Hey rozie
                  did you get AP approval with pending green card application or during u visa status?...
                  12-26-2022, 09:53 AM
                • Shan
                  Reply to U-Visa Tracker
                  by Shan
                  Hey did you get actual u visa ?or did you get bonafied determination?
                  you said you can apply for green card third year of deferred action?right?...
                  12-26-2022, 09:51 AM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Thank you, Rosie7. Yeah, I will rethink about it. I hope I don't need it....
                  12-25-2022, 08:00 PM
                • Rosie7
                  Reply to U-Visa Tracker
                  by Rosie7
                  Hi!
                  USCIS Nebraska Center received my application on May 31st! I received AP on 10/05. I would just say to wait....
                  12-25-2022, 07:25 PM
                • ManuelV88
                  Reply to U-Visa Tracker
                  by ManuelV88
                  Hi Robbery,

                  It was on June 21, 2016. Honestly, I do not care much anymore about my actual U visa. My lawyer said I only have to wait 3 years...
                  12-25-2022, 03:07 PM
                • Robbery
                  Reply to U-Visa Tracker
                  by Robbery
                  manuelv88

                  what is your application date in June 2016. Mine is 23rd June 2016. Hope we get approval for U visa by end of March 2023....
                  12-25-2022, 01:32 PM
                • ManuelV88
                  Reply to U-Visa Tracker
                  by ManuelV88
                  Just want to update you guys about my case:

                  Applied in June 2016 for a U Visa.
                  Granted bonafide deferred action in July 2021, two weeks...
                  12-25-2022, 12:56 PM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Thank you, Rosie7. I am confused as per the response from my lawyer. He is saying if I get Advance parole approved, I don't need to go to consulate to...
                  12-25-2022, 09:01 AM
                • Rosie7
                  Reply to U-Visa Tracker
                  by Rosie7
                  I received my AP and my attorney said to wait and not risk being denied entry to the U.S. If I need to travel outside of the country for an emergency...
                  12-19-2022, 05:55 PM
                • rbkusa
                  Reply to U-Visa Tracker
                  by rbkusa
                  [QUOTE=Jcann;n29405]Anyone know if we leave US, do we need to go for U visa stamping. I am on U status. My lawyer says if we get Advance parole approve,...
                  12-19-2022, 10:52 AM
                • Jcann
                  Reply to U-Visa Tracker
                  by Jcann
                  Anyone know if we leave US, do we need to go for U visa stamping. I am on U status. My lawyer says if we get Advance parole approve, that is the Visa...
                  12-19-2022, 07:43 AM
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